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2017 Supreme(All) 968

MANOJ MISRA
JAISHREE DEVI – Appellant
Versus
GHANSHYAM DAS – Respondent


Advocates:
Counsel :
Anil Kumar Mehrotra for the Revisionists; Ashwani Kumar Sachan and Saurabh Sachan for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—The present revision has been filed against the order dated 18.11.2016 passed by the Special Judge (SC/ST)/Additional District Judge, Gautam Budh Nagar rejecting Application No. 153-Ga filed by the revisionists to recall /set aside the order dated 16.9.1997 passed in Execution Case No. 24 of 1997 with a further prayer to substitute the revisionists in place of deceased-decree-holder (Raghuraj Singh).

2. The facts giving rise to the present revision are as follows:

One, Raghuraj Singh (hereinafter referred to as decree-holder) sought enhancement of compensation by way of a reference under Section 18 of the Land Acquisition Act, 1906, which came to be registered as LAR No. 137 of 1995, upon which, an award dated 31.5.1995 was passed thereby providing additional compensation of about Rs. 75,000,00/- To execute the award, the decree-holder filed Execution Case No. 740 of 1995 against the opposite parties 2 and 3. In this execution case, an application was moved by Ghanshyam Das (opposite party No. 1) for substitution in place of decree-holder on the strength of an assignment deed dated 27.12.1995 (registered on 4.1.1996). Before the substitution applicat




































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